Madras High Court
Thaavathiru Thiruvadikudil Swamigal vs The State Of Tamil Nadu on 25 July, 2025
Author: C.Saravanan
Bench: C.Saravanan
W.P(MD)No.19988 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.07.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P(MD)No.19988 of 2025
and
W.M.P(MD)No.15386 of 2025
Thaavathiru Thiruvadikudil Swamigal,
S/o.Kandasamy Pillai,
Plot No.1, Kodaiyanthottam,
Government Hospital Backside,
Kumbakonam,
Thanjavur District - 612 001. ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Tourism, Culture and Religious Endowments Department,
Secretariat, Chennai - 600 009.
2.The Commissioner,
Hindu Religious and Charitable Endowments Department,
No.119, Uthamar Gandhi Salai,
Nungambakkam, Chennai - 600 004.
3.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Mayiladudurai Division,
Samantharkulam, Sitharkadu,
Mayiladuthurai Taluk and District – 609 603
4.A/M.Swaminatha Swami Devasthanam,
Rep. by its Executive Officer / Deputy Commissioner,
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W.P(MD)No.19988 of 2025
Swamimalai, Kumbakonam Taluk,
Thanjavur District.
5.T.R.Swaminathan ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records relating to the impugned order of the first respondent passed in
GO No.65 dated 28.01.2025 and quash the same and consequently direct the
first respondent not to appoint the fifth respondent as a Non-Hereditary
Trustee of the fourth respondent temple in future.
For Petitioner : Mr.R.S.Sivaram
For R1 to R4 : Mr.Veerakathiravan
Additional Advocate General III
Assisted by Mr.S.S.Madhavan
Additional Government Pleader
For R5 : Mr.T.Antony Arul Raj
ORDER
The petitioner is before this Court challenging the impugned order passed by the first respondent bearing reference GO.No.65 dated 28.01.2025.
2. By the impugned order, the fifth respondent has been appointed as a fit person under Section 47(1)(c) of the Tamil Nadu Hindu Religious and Chartiable Endowments Act, 1959. Earlier, the fifth respondent and four 2/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/08/2025 11:33:49 am ) W.P(MD)No.19988 of 2025 others were appointed as non-hereditary trustee under Section 47 (5) of the Act vide order dated 03.11.2023 in G.O.Ms.No.264. The said Government Order appointing the fifth respondent and four others as non-hereditary trusees of the subject temple namely, Swaminatha Swami Devasthanam, Swamimalai, Kumbakonam was challenged before this Court in W.P(MD)No.28334 of 2023. The said writ petition was dismissed vide order dated 05.12.2023.
3. The learned counsel for the petitioner submits that the petitioner has filed an appeal before the Division Bench of this Court in W.A(MD)No.613 of 2024 and is pending before this Court. Meanwhile, it appears that barring the fifth respondent, none of the four Non-Hereditary Trustees came forward to take charge. Therefore, by the impugned order, the first respondent has decided to appoint the fifth respondent who was earlier appointed as a Non- Hereditary Trustee along with four other as a fit person under Section 47 (1)
(c) of the Act.
4. The learned counsel for the petitioner further submits that the fifth respondent is none other than the son of one Rajagopal, who was the Managing Trustee of the Hindu Pilgrim Amenities Trust. 3/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/08/2025 11:33:49 am ) W.P(MD)No.19988 of 2025
5. It appears that during the Kumbabishekam held in the year 1953 at the temple, substantial amount was collected by the said Hindu Pilgrim Amenities Trust. Out of the amounts collected by the said Trust, land was purchased and a chatram was constructed for the devotees visting temple.
6. It appears that the said Rajagopalan had also filed a suit for declaration that the land and chatram belongs to the Trust and not to the Temple. The suit was also decreed by the Sub Court, Kumbakonam in O.S.No.124 of 2024 by its judgment and decree dated 11.07.2006. Against which, the Temple however filed an appeal before the Appellate Court in A.S.No.42 of 2009. The Appellate Court reversed the aforesaid decision of the Sub Court, Kumbakonam on 11.03.2011. It is informed that further appeal was filed by the said Rajagopal in S.A(MD)No.894 of 2011 was however dimissed as withdrawn on 16.11.2022.
7. The learned counsel for the petitioner submits that the aforesaid land which was purchased and developed out of the amounts collected during the Kumbabishekam was handed over to the Temple only on 21.05.2024 and the documents have been registered to that effect.
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8. A challenge to the appointment is primarily on the ground that the fifth respondent, who is the son of the said Rajagopal has admitted to use the land and the chatram by utilising the amounts collected during the Kumbabishekam held in 1953.
9. It is informed that the appointment is made without any specific period and therefore, the impugned order is liable to be set aside. It is submitted that as per Section 47(1) of the Act, the period of appointment of a fit person has to be confined only for a period of 2 years, whereas in this case, the appointment has been made for indefinite period of times to comes without any period. Therefore, on this count also the impugned order is liable to be quashed.
10. The learned Additional Advocate General for the respondents 1 to 4 submits that the appointmet of the fifth respondent is only an interim measure and that attempts are being made to appoint the non-hereditary trustees under Section 47(1)(c) of the Act within a period of next 9 months.
11. Since the temple has to be administered, I see no impediment in the continuation of the fifth respondent as a fit person. Although the petitioner's 5/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/08/2025 11:33:49 am ) W.P(MD)No.19988 of 2025 father had attempted to appropriate the property, there are no allegation against the fifth respondent. That apart, the mistake of the petitioner's father cannot haunt the son, if the son has no other record of any blame worthy conduct.
12. The order of this Court dated 15.12.2023 in W.P(MD)No.28334 of 2023 also records that the lineage of the fifth respondent's family and the same is captured in Paragraph No.5, which reads as under:
5.The learned Additional Advocate General also informed this Court that the sixth respondent's grandfather one Saminatha Udaiyar was a Philonthropist, has donated several lands to the temple and also to a school,viz., National Higher Secondary School, in which he has studied.
13. Recording the above submission made by the learned Additional Advocate General that the impugned order will operate only for a period of 9 months, I direct the first respondent to ensure that the Board of Trustees consisting of Non-Hereditary Trustees are appointed within a period of 9 months from the date of receipt of a copy of this order. If the fifth respondent's disposition conduct inspires a confidence, the fifth respondent may be appointed once again as a Non-Hereditary Trustee for a fixed strictly in accordance with law within such period.
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14. The writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
25.07.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
sn
To
1.The Principal Secretary to Government,
Tourism, Culture and Religious Endowments Department, Secretariat, Chennai - 600 009.
2.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 004.
3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Mayiladudurai Division, Samantharkulam, Sitharkadu, Mayiladuthurai Taluk and District – 609 603
4.The Executive Officer / Deputy Commissioner, A/M.Swaminatha Swami Devasthanam, Swamimalai, Kumbakonam Taluk, Thanjavur District.
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